Homeowner devastated after negligent neighbor causes thousands in property damage: 'Why should it affect me financially at all?'

When "stuck between a rock and a hard place," sometimes the only resolution is to live with it. Fair or not, a Redditor's post in the r/InsuranceCanada subreddit reflected the quote, unfortunately for the OP. 

In this case, a neighbor's tree fell, ripping down power lines, doing $4,000 in damage to the OP's mast, and knocking out the power. Unfortunately, the neighbor only had to pay $400, while the Redditor was stuck with the big bill. 

"Why should it affect me financially at all?" the OP asked. 

Although this took place in Canada, insurance works much the same in the U.S. — not applying fault, even when it's clear. 

"Property insurance doesn't use a fault system like auto," one responder accurately noted.

Unless there was an established, documented "back-and-forth" between the two neighbors discussing the tree and the potential for damage, it's doubtful that fault will be applied. The OP stated that the cost was $4,000, which a $1,000 deductible will cover.

However, taking the matter to small claims court will likely cost more, and it's not set in stone that the other party will have to cover the fees afterward. 

Neighborly disagreements over trees and various plant life bordering on two or more properties are fairly common, though these tiffs usually revolve around property line disputes.

Overhanging branches, encroaching roots, fallen leaves, shade blocking sunlight, and damage to structures are usually the categories that tell a tale of irreconcilable neighbors. When these issues escalate, judges typically focus on negligence — or lack thereof. 

It's especially problematic when difficult neighbors act as a barrier to homeowners establishing natural lawns, installing solar panels (glare and aesthetic concerns), or seeking climate-friendly solutions, especially in HOAs.

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Some of the commenters offered some potential solutions, though they believe the likelihood of the neighbor paying for the damages is slim. 

"Your insurance company will then subrogate (in insurance, subrogation is the legal right an insurer has to pursue a third party who caused the loss to the policyholder to recover the amount paid out for the claim)," one commenter wrote.

"If you take them to a small claims court, you will only get a portion back, if anything at all," another added.

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